CJI Hails Waqf as Positive and Highly Significant

Chief Justice Sanjiv Khanna’s remark during the hearing on the Waqf Amendment Act 2025

Senior Advocate Kapil Sibal’s well-argued discussion on behalf of Maulana Arshad Madani

The present Waqf law is against the fundamental rights given in the Constitution, interferes in religious matters, and poses a serious threat to the unity and integrity of the country: Maulana Arshad Madani

New Delhi: 16 April 2025 :Today, a special bench of the Supreme Court of India heard the petitions filed against the Waqf Amendment Act 2025, enacted by the Central Government.

During the hearing, Senior Advocate Kapil Sibal was the first to argue and informed the court that the recent amendments to the Waqf law are unconstitutional, as they interfere in the Muslim religion. He asserted that the Parliament does not have the authority to make such laws.

President of Jamiat Ulama-i-Hind, Maulana Arshad Madani, described today’s court proceedings, the arguments, and Chief Justice Sanjiv Khanna’s remarks as positive and highly significant.

He said we hope that after tomorrow’s arguments, the verdict issued by the court will uphold both the dignity of the judiciary and the Constitution.

Maulana Madani added that the objections raised regarding Waqf by user, the number of non-Muslim members, and Waqf registration are the very same concerns we have been voicing from the very beginning.

Chief Justice’s remarks on incidents of violence during protests across the country, and his statement about completing the hearing of the case as soon as possible, are welcome. Our very reason for approaching the Supreme Court after the Waqf amendments was to maintain peace and order in the country.

During the hearing, the government lawyer’s attempt to mislead the court also indicates that the government did not make the Waqf law amendments for the welfare of Muslims, but rather to interfere in their religious matters.

Maulana Madani further stated that the current Waqf law is against the fundamental rights enshrined in the Constitution, interferes in religious affairs, and poses a serious threat to the unity and integrity of the country.

Muslims cannot tolerate any interference in their religious affairs. Taking advantage of this act, communal forces are also setting fire to the peace and unity of the country.

This law has been introduced at a time when a storm of hatred against Muslims is sweeping across the nation.

Chief Justice of India Sanjiv Khanna, along with Justice Sanjay Kumar and Justice K.V. Viswanathan, heard this important case that had the attention of the entire nation.

As soon as the court proceedings began today, the Chief Justice of India posed two questions to the Muslim petitioners: Why should these cases not be transferred to the High Court? And does Parliament not have the right to make laws?

The court issued an important decision, stating that any property declared as Waqf or considered Waqf by user will remain as such. Proceedings by the Collector may continue, but the amendments will not be implemented.

Appointments of members can be made based on ex-officio, but the remaining members must be Muslims. The Chief Justice said that the court does not usually issue an interim order, but if an interim order is not issued, the Waqf by user could have dangerous consequences.

During the hearing, Chief Justice Sanjiv Khanna made an oral observation, stating that before British rule, there was no system for Waqf registration. Many Muslim places of worship in the country were built in the 13th, 14th, and 15th centuries.

Through these amendments, the government now wants documentation for them, which is not possible today.

Jamiat Ulama-i-Hind’s lawyer, Kapil Sibal, told the court that Waqf is a religious matter and is deeply rooted in the spirit of Islam.

The court intended to issue an interim order today, but the Solicitor General strongly objected and told the court that the case could be heard tomorrow. As a result, the court withdrew the interim order and adjourned the hearing to 17th of April.

The court further orally remarked that the current amendment law will not affect properties declared as Waqf by the courts. The court also commented that the incidents of violence during protests are concerning and, therefore, the court will decide this case.

The Solicitor General responded by stating that violence should not be made the basis for the order.

To begin the argument, the Chief Justice of India asked Dr. Rajeev Dhavan to start. He responded by saying that Senior Advocate Kapil Sibal is his mentor, and therefore, he should begin the argument.

Following this, Kapil Sibal started the discussion and stated that this matter concerns the entire country, and therefore, the Supreme Court should hear this case.

He further argued that the interference in the Waqf law is an intrusion into religious affairs, and the Supreme Court should take notice of this.

During the hearing, Senior Advocate Kapil Sibal presented a well-reasoned argument on all the amendments made in the Waqf Amendment Act 2025.

He informed the court that if other religious institutions do not involve Muslims, then why is the presence of non-Muslim members deemed necessary in Muslim Waqf affairs? Why has the Collector been given judicial powers?

How can the Collector decide his own case? Senior Advocate Kapil Sibal also expressed strong disapproval of the termination of Waqf by user and stated that this amendment is a direct intervention in religious matters. The Constitution of India has not even granted Parliament the authority to do this.

The amendment requiring Muslims to provide proof of being Muslim for five years to make a Waqf is absurd. How will the government decide who is Muslim and who is non-Muslim?

During the hearing, Kapil Sibal further informed the court that making Waqf registration mandatory puts the protection of historical and centuries-old Waqf properties at risk. How can anyone provide documents for properties that are two or three hundred years old?

Oral Waqf is an part of Islam, and does not require written will, yet the government is demanding written records. And in case of not submitting the written documents, all these endowment properties will be declared as the property of the government or it will become the property of the person who has illegal possession of it. What kind of law is this?

Senior Advocate Kapil Sibal also questioned the number of members on the Waqf Board, stating that if the number of non-Muslim members exceeds that of the Muslim members, their status will be diminished.

After the arguments of the Muslim party’s lawyers, the Chief Justice of India asked Solicitor General of India Tushar Mehta whether Waqf by user had been abolished under this law.

Tushar Mehta did not provide a satisfactory answer and stated that Waqf by user also requires registration, to which the Chief Justice expressed surprise.

On behalf of Jamiat Ulama-i-Hind, Senior Advocate Kapil Sibal was assisted in court today by Advocate on Record Fuzail Ayyubi, Advocate Shahid Nadeem, and others.
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Fazlur Rahman Qasmi
Press Secretary
Jamiat Ulama-i-Hind, New Delhi